Ex parte HARTMANN et al. - Page 3




                 Appeal No. 1997-1793                                                                                                                   
                 Application No. 08/528,044                                                                                                             


                                   9.  Cosmetic articles, lacquers, catalysts and                                                                       
                          photocatalysts containing the titanium dioxide powder set                                                                     
                          forth in claim 2 as a UV absorber.                                                                                            
                                   10.  A skin cosmetic containing a flame-                                                                             
                          hydrolytically prepared titanium dioxide component which                                                                      
                          contains iron oxide in an amount of about 0.05 to about                                                                       
                          10 wt.% of the titanium dioxide component.                                                                                    
                          The prior art references relied upon by the examiner as                                                                       
                 evidence of obviousness are:                                                                                                           
                 Kleinschmit et al.                                    4,297,143                                    Oct. 27,                            
                 1981                                                                                                                                   
                 (Kleinschmit)                                                                                                                          
                 Tuo Jin, Hideshi Hattori, and Kozo Tanabe (Hattori),                                                                                   
                 “Decomposition of 2-Butanol Catalyzed by Iron Oxide and Mixed                                                                          
                 Oxides Containing Iron,” 56 Bull. Chem. Soc. Jpn., no. 11,                                                                             
                 3208-15 (November 1983).                                                                                                               
                 Derwent Abstract AN 94-022607 (Ishihara)(publication date                                                                              
                 unknown).1                                                                                                                             
                          The ground of rejection presented for our review in this                                                                      
                 appeal is as follows:                                                                                                                  


                          1The examiner has indicated in the answer at page 2 that                                                                      
                 Ishihara has a publication date of December, 1993.  We note,                                                                           
                 however, that the actual publication date of the Derwent                                                                               
                 abstract, which is the document upon which the examiner                                                                                
                 relies, is uncertain on this record.  Although it appears that                                                                         
                 the underlying Japanese patent document (JP 5-330825)                                                                                  
                 identified in the abstract was published in December, 1993,                                                                            
                 this Japanese patent document has not been made of record in                                                                           
                 the present application and has not been relied upon in the                                                                            
                 examiner’s rejection.                                                                                                                  
                                                                           3                                                                            





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